This can include: Stay away from topics that will weaken your case. Is there anything else you would like to tell the court? The last 6-12 months are the most important to the judge. Victim Impact Statements are not limited to the courts. Please help me understand how is this a charge appropriate to the crimes he has himself admitted to in this very court. In a criminal case where domestic violence exists, the courts usually run the claim until it is clear that the defendant is innocent based on the decision of the judge or jury panel. I wanted to speak up at the last hearing as well, but I was told today is the right time to do so. I see that the defence council has requested his felony charge to be reduced to a misdemeanour in the future. 2023 PapersOwl.com - All rights reserved. The sample in this article used were 369 participants. Next step: Custom Icon Title Next 2. Does anyone know how? There isn't any said format. If you aren't able to do this in time, your witness might not receive approval to give his statement or evidence. Pay the writer only for a finished, plagiarism-free essay that meets all your requirements. I believe you have the power to restore some faith in my heart that I wasnt completely made a fool of, by this criminal and the judicial system. Stay away from topics that will weaken your case. The exact format and space needed for a notary block vary from state to state. Do not place too much emphasis on Respondent's failure to keep appointments, pick up the kids from school, etc. If you cant believe me I can swear on anyones life.. That footage was used as evidence to support Rastogis allegations of domestic violence, which included claims that Gattani would humiliate her by forcing her to stand at the foot of the bed for hours and hit her if she did not comply. In is article, Domestic Violence and mental health: a cross-sectional survey of women seeking help from domestic violence support services (2016) it discusses how mental health can be seen as an issue when dealing with domestic violence. Their nightmare marriage was this week laid bare in Californias Santa Clara Superior Court, which heard a chilling five-minute video recording made by Rastogi in May last year, where she is physically and verbally abused by her husband. All times AEDT (GMT +11). Your declaration should stay focused on Respondent's unsafe behavior. Add a notary block. Many people dont think about the complex ways the law operates until they need to, like when they become involved in criminal cases. They'll ask you to sign it to say it's true. He was probably a few days away from killing me when I got out of this dangerous and abusive marriage I had started getting my will done, my life insurance done, in other words started to prepare our childs future once he kills me. (If you use HelpSelf, we will ask you questions in this order.). I am no lawyer but I can read and understand English. He was convicted for this violence against me in this very court in 2014. Thesis Statement The impact of domestic violence on children was a topic chosen to analyze the profundity of their lives in different aspects. Be gentle with yourself and take as many breaks as you need. 387 0 obj <>stream hbbd``b`$@x*L@#1 ~s Write simply and descriptively. While domestic violence typically happens behind closed doors, in some cases it does happen in a public space or around friends or family members, meaning that other people may witness or be aware of the abuse. The parents of a five-week-old baby mauled by two rottweilers have spoken for the first time since their little girls life was taken. Its a chilling account of the reality of domestic violence and how our legal systems too often leave victims with little sense of justice. Almost more than any other type of criminal case, cases involving alleged domestic violence hinge on witness and victim testimony. Readers must first understand how the social learning theory relates to domestic violence. The behaviors are physically, emotionally, and mentally unstable for many individuals. There are certain circumstances when you may prepare a witness statement without the court's permission, for example, if you are making an urgent application and need to set out the evidence for your application in a witness statement. "or "Respondent came to my house unannounced.". The methods used in this study were based on more than 20 qualitative reviews that have shown the effects of individuals who witnessed violence among those who were married. I request this to you knowing fully well that YOU have the power to do so. If the case goes to court, a copy of your statement is given to the accused person's lawyer. You may read the letter out loud in court, if you wish. 4. As part of the investigation, the police collect evidence they will need to prove a case in court. 370 0 obj <> endobj Well send you a link to a feedback form. Do have an alternate person that can read your statement in case you cannot finish. Recanting a Statement (PC 118) You have probably heard or read in the news about a witness or an alleged victim who recants a statement made to the police. For example, you might not have realized that a prosecutor in a criminal case bears the responsibility for proving that the defendant committed the crime (the burden of proof). Like many websites, we use first (made by us) and third-party (made by tools we use) cookies for functional purposes, like accessing secure areas of our site, and analytical purposes, like statistical information about how people are using the site so that we can improve it. This study measures the levels of abuse that occurred and the current mental health of the participants who were affected in some way due to domestic violence issues. How your statement is used The police keep a record of your statement. This is in reference to (Case Name, Case Number, Date Filed and . How is it that this is the second time he has been convicted of domestic violence and this is the charge. The blame has already been placed on the offender, so now is the time to talk about what you have been experiencing through your loss. Who is the free loader today if not him, and who is offering this leniency the judicial system. How does Physical Domestic Violence Affect Health? These items allow the website to remember choices you make (such as your user name, language, or the region you are in) and provide enhanced, more personal features. Useful Documents for use in Court. You may be a witness for the prosecution or the defence. I am constantly afraid that someone will break into my home and injure me again. Thank you for listening to me everyone.. However, the main issue for your restraining order will be threats, abuse, and violence, so stay focused on these issues and do not confuse the judge with irrelevant statements about Respondent's irresponsibility. If the abuser has any guns or weapons you are worried he will use, give details. The police will ask you to explain what you saw, either in writing or on video - this is your witness statement. Who was he assisting while torturing me? Judge: Considers your Victim Impact Statement before imposing a sentence; the Victim Impact Statement is not considered by a jury. Domestic Violence: the Effect it has on Children, The Affect Domestic Violence has on Children, Domestic Violence: a Power and Control Perspective Wheel. Your Victim Impact Statement (VIS) is your chance to talk about how you feel, and what has happened to you because of the crime. This study was done on a quantitative level due to there being interviews. More often than not, cases conclude by a plea offer. A declaration is a sworn written statement telling your side of the story about the important issues in the case. Whether the abuse directly shown or not shown many women in other countries experience abuse and have to remain submissive due to their culture. This article shapes my research question in a way for the reader to understand a different culture and how they experience domestic violence issues. The article by Glander, Moore, and Parsons (1998) titled The Prevalence of Domestic Violence among Women Seeking Abortion allows me to gather information on women 18 years age and older who want to have an abortion, after being abused sexually. Unfortunately, this data only reports domestic violence issues within the United States. There is also evidence of his parents confirming (over a video recording) to his physical abuse against them (both father and mother) as well as Abhisheks younger sister. Is that the thinking behind giving him a charge which honestly doesnt add up to his crime AT ALL? Keep your declaration focused on violence and threats of violence. All Rights Reserved. I cannot articulate my despair at this treatment of his crimes. I appreciate this opportunity given to me to speak about my abuse at the hands of Abhishek Gattani, I thank for this time given to me to voice my concerns, and requests to you and this court in the case of People vs. Abhishek Gattani. The court in Smith determined that the written statement of the assault victim, Dont use unsuitable language, as it will diminish the effectiveness of your statement. A statement or a chronology is how you present your evidence to the court. A police statement refers to an official record of an offence made in the victim's or witness' own words. Tips to Write a Declaration for Family Court in CA. I get heard to be ignored? Your attorney may have a better idea. You need to provide 1 piece of written evidence of domestic violence to get legal aid in a divorce or separation. The law in this area is subject to change. The article (2014) Long-Term Physical and Mental Health Effects of Domestic Violence relates to my topic by allowing the reader to compare and analyze whether or not women and men are statistically on the same level when it comes to domestic violence a health issue. Using descriptive words can help people form an image of what you are saying. It hurts emotionally and physically to even make it to work in the morning. 1. Because if it wasnt him, shouldnt this court be searching for that person? Really, are we enrolling him in a spa of giving him a punishment for abusing his wife and child for 10 years? Organize your declaration with the most recent events first, going backward in time. The reason I speak out now, is that, no anger management classes can help a man who doesnt think he did anything wrong when he HIT and ABUSED others to control them, once someone escapes their guilt the only thing that stops them is serious consequences which is a rightful conviction. Abhishek Gattani was arrested once before on 30 November 2013, as he was beating me punching me in the head and grabbing me from the neck, out in the open (on the street) when our mailman reported his abuse. A chilling account of the investigation, the police keep a record of your statement in case you not... 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To Write a declaration is how to write a witness statement for domestic violence sworn written statement telling your side the... Emphasis on Respondent 's unsafe behavior needed for a notary block vary from state to state is used the collect. Link to a misdemeanour in the future operates until they need to prove case! On children was a topic chosen to analyze the profundity of their in. Many women in other countries experience abuse and have to remain submissive due to there interviews. S lawyer is your witness statement violence hinge on witness and victim testimony, shouldnt this be... Impact of domestic violence and how our legal systems too often leave victims with little sense of.. Police collect evidence they will need to prove a case in court, copy! Charge which honestly doesnt add up to his crime at all the.! Read how to write a witness statement for domestic violence understand English council has requested his felony charge to be reduced to a in! Is the charge subject to change an image of what you saw, either in writing or video! Really, are we enrolling him in a spa of giving him a for! To a misdemeanour in the case at this treatment of his crimes case in,... Victim testimony if it wasnt him, shouldnt this court be searching for that person loader today if him! Think about the complex ways the law operates until they need to provide piece! How is it that this is the second time he has been convicted domestic... Judicial system need to provide 1 piece of written evidence of domestic and!

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